Maryna holds the BA, LLB, LLM degrees and is a Director at the Cape Town offices of STBB. She is an admitted Attorney, Notary Public and Conveyancer with many years of experience in the field of property law and conveyancing. She is also the firm's Marketing Director and attends to external publications for the firm as well as conducts ongoing training for estate agent and bankers training and is a regular seminar presenter for attorneys and property practitioners.

Property Law Update | Issue 35 – 2016

CAN CREDITOR HAVE IRREFUTABLE RIGHT TO DETERMINE HOW MUCH YOU OWE?

Nedbank Limited v McGlashan and Others (14714/2016) [2016] ZAGPJHC 231
(4 August 2016)

Courts and law offices may appear intimidating to outsiders, but it is exactly in these so-called lofty towers where practical legal reasoning takes place, resulting in judicial principles to the benefit of the man in the street. The present matter is a case in point, where a bank fails in its legal pursuit against sureties because its documentation provided that the bank shall certify what the outstanding amount under the credit facility is and that this determination could not be challenged by a defendant. This was contra bones mores (contrary to good morals), the court concluded, and the provision was accordingly void.

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The Judgment
Summary of the Judgment

 

SECTIONAL TITLES SCHEMES MANAGEMENT ABOUT TO CHANGE

After much anticipation, it has now been confirmed that the Sectional Titles Schemes Management Act and the Community Schemes Ombud Service Act will come into operation on 1 October 2016.

The two Acts introduce significant changes to the law relating to sectional titles schemes management, and brings the office of the Community Schemes Ombud fully into operation.

The Regulations will only be published on Friday 30 September 2016.

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Community Schemes Ombud Service Act [23 pages – 147KB]
Sectional Titles Schemes Management Act [30 pages – 1.7MB]